§ 5018.Docketing of judgment.

(See also Advisory Committee notes preceding § 5001, under subheading “Entry, docketing and transcripts.”).

Subd. (a) of this section sets up a comprehensive scheme for docketing judgments anywhere in the state. It is derived from the beginning of CPA § 501 and from § 502. The remainder of § 501 is embodied in subd. (c). While the first sentence of this subdivision requires docketing, as did the former law, it is recognized that the attorney for the judgment creditor will often waive this requirement. There is no intention to change this practice. The only kind of former judgments that were docketed are money judgments, although former § 501 so indicated only by implication in subparagraph 3, in requiring that the docket state “the sum recovered or directed to be paid.” Docketing and the docket book are to be distinguished from recording the judgment in the “judgment book.” RCP 201 required that all judgments be recorded in the judgment book, although the form of that book varies in different clerk’s offices—in New York county, for instance, the judgment book is actually a set of microfilm records of the judgments. Apparently, the practice was not uniform in docketing judgments directing the payment of a sum of money, as opposed to judgments for a sum of money; some clerk’s offices did not docket the former. No reason is perceived for failing to docket directions to pay. Like judgments for a sum of money, they are enforceable only by execution (see Harris v Elliott, 163 NY 269, 57 NE 406 (1900); Hennig v Abrahams, 246 App Div 621, 282 NY Supp 970 (2d Dept 1935); CPA § 504), with specific exceptions. CPA § 505(4) (payment into court); id. § 505(5) (payment by fiduciary for dereliction of duty); id. §§ 1171, 1171-a, 1172 (matrimonial actions). Further, they create a lien upon real property (id. § 510), but only if they are docketed. Id. § 509. Accordingly, this subdivision and the other provisions of this article affecting docketing (e.g., § 5019(b) and § 5020(a)) refer to a “money judgment” which is defined in § 105(n) to include judgments for, and judgments directing the payment of, a sum of money. This subdivision also goes beyond the former provisions in allowing the docketing of judgments affecting the title to real property. Under former law a notice of pendency was the only method of apprising interested persons of a change in the title to real property, even after judgment. It was obviously inferior to docketing for this purpose, since it did not indicate the outcome of the litigation and since its duration, under recently enacted CPA § 121-a was only three years unless extended by motion. See 2 NY Jud Conference Rep 114–16. Docketing was formerly allowed alternatively with indexing with notices of pendency under RCP 74 for final orders in a special proceeding affecting the title to real property; such special provision was presumably required because a notice of pendency ordinarily was not available in a special proceeding, where no complaint was filed. These provisions instead authorize docketing for any judgment or order affecting the title to real property. This subdivision does so for judgments, which includes the former final order in a special proceeding by virtue of rule 411 and rule 2222 does so for orders. See notes to rule 2222. Where such a judgment is docketed the clerk may make appropriate modifications in the forms prescribed for the docket by subd. (c) of this rule and for a transcript or certificate by Judiciary Law § 255-c (CPA § 501-a), which are drawn to cover the usual case of a money judgment docket. The requirement that the clerk who issued a transcript be notified and make an entry of where it is filed is new. Where a judgment of a court below the Supreme or County Court is involved, after the judgment is docketed by the county clerk, his docket rather than the one in the lower court will serve as the foundation for enforcement procedures. See e.g., § 5229. Where transcripts of a county clerk’s docket are filed in other counties, the notation of where they are filed will enable the judgment debtor to have them all discharged upon making satisfaction. Further, it will apprise the court of where executions may have issued and enable it to protect the sheriff’s right to fees where a deposit into court is made pursuant to § 5021(a)(3). It thus accords with the design of § 5021 in making the clerk’s office of the court which rendered the judgment, or the county clerk’s office, if a lower court judgment has been docketed there, the center of information as to the status of the judgment and its enforcement. The second sentence of this subdivision covers the requirement of the third sentence of former § 222-a, as to partnerships, and the first sentence of former § 1200, as to persons jointly liable generally. Since this entry is a part of the docket it will appear on any transcript and in the docket of any other county clerk with whom the judgment is subsequently docketed upon receipt of a transcript; accordingly, the express language to this effect in former §§ 222-a and 1200 is omitted. The plan of requiring docketing in the home county clerk’s office before the judgment may be docketed, upon the filing a transcript of the docket issued by such county clerk, in any other county clerk’s office, accords with the 1959 amendments to former § 502. See 4 NY Jud Conference Rep 131–34 (1959). See also CPA § 538; Jud Law § 255-a; Jud Law § 255.

Subd. (b) of this section is a rewording of former § 502-a, with no change of substance. This subdivision uses the term “filed” to cover judgments of Federal courts rendered in other states but filed in this state pursuant to § 1963 of title 28 of the United States Code. The committee has not been able to devise an effective method for the state to provide centralized docketing of Federal judgments equivalent to that in subd. (a).

Subd. (c) of this section embodies part of former § 501. With regard to the docketing of Federal judgments, it should be noted that a Federal transcript may not contain all of the information contained in the docket of a judgment of a state court. See Fed R Civ P 79(c). Thus, for example, subparagraph 4 of this subdivision is not applicable to Federal judgments. This situation existed under former law but, in practice, the county clerks docket Federal judgments without difficulty.

Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1964, ch 292; L 1965, ch 773, § 12, eff Sept 1, 1965; L 1966, ch 707; L 1970, ch 661, § 1, eff May 8, 1970; L 1991, ch 648, § 2, eff July 26, 1991.